IN RE TESTATE ESTATE OF DOÑA GABINA RAQUEL. VICENTE J. FRANCISCO

Jun 21st, 2015

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After the decision of this Court had become final, said attorney filed on October 7, 1958, in the Cavite court, in this testate proceeding, motion to fix his attorney's fees on the basis of quantum meruit.

IN RE TESTATE ESTATE OF DOA GABINA RAQUEL. VICENTE J. FRANCISCO, petitioner-appellee, vs. AUREA MATIAS, oppositor-appellant.On July 16, 1952, said Aurea Matias named as executrix in the will engaged the services of Atty. Vicente Francisco, who, with the assistance of Atty. Agbunag and of Attorneys Alberto J. Francisco and J. Gonzales Orense, personally handled the case before three different judges successively.After the decision of this Court had become final, said attorney filed on October 7, 1958, in the Cavite court, in this testate proceeding, motion to fix his attorney's fees on the basis of quantum meruit. He alleged, among other things, that the Supreme Court had approved the probate of the will of Gabina Raquel, that he had agreed to receive a contingent fee of P15,000.00 under his erroneous belief, due to misrepresentations of Aurea Matias, that Gabina Raquel had left properties worth only P167,000.00; that he learned, after the decision of the Supreme Court that the said properties actually amounted to much more than that sum; and that, consequently, he was not bound by his agreement to receive a contingent fee of P15,000.00 only. Atty. Francisco prayed that his compensation be fixed at 30% of the market value of the estate.In deciding the main petition in view of the testimonial and documentary evidence, it brushed aside, as immaterial, the alleged misrepresentation in the making of the written contract, since "reasonable amount" had become